IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100013333
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests additional constructive service credit (CSC) and adjustment of his date of rank to captain based on previous active duty commissioned service.
2. The applicant states, in effect, he did not receive CSC for 2 months of active duty service following his graduation from the United States Military Academy (USMA).
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), Armed Forces Health Professions Scholarship Program (AFHPSP) agreement, two DA Forms 71 (Oath of Office Military Personnel), medical school assignment orders, promotion orders, and discharge orders.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of captain.
2. After graduating from the USMA, he was appointed as a United States Army Reserve second lieutenant in the Medical Service Corps on 31 May 2003.
3. His DD Form 214 shows he served on active duty from 31 May to 29 July 2003, while assigned to the Cadet Detachment, USMA, West Point, NY, and then attended medical school under the HPSP.
4. On 11 May 2007, he was appointed a captain in the Regular Army, Medical Corps.
5. In the processing of this case, an advisory opinion was obtained from the Program Manager, Graduate Medical Education Division, Office of the Surgeon General, Falls Church, Virginia. The Program Manager stated that after reviewing the case, it was recommended that the applicant be granted 1 month of CSC for the 2 months he spent on active duty from 31 May to 29 June 2003.
6. A second advisory opinion was obtained from the Chief, Officer Promotions, U.S. Army Human Resources Command stating the applicant's active date of rank (ADOR) should be the date of his Oath of Office, 11 May 2007. Orders Number 285-001, dated 12 October 2010, amends his ADOR to show this correction.
7. A copy of both advisory opinions was provided to the applicant for comment and/or rebuttal. He concurred with the opinions and with the correction of his ADOR. He states he is authorized 1 month of CSC which would further adjust his ADOR to 11 April 2007.
8. Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel), paragraph 6.1.1.2 states that service on active duty or in an active status as a commissioned officer in any of the Uniformed Services, but not in the corps or professional specialty in which being appointed, shall be awarded 1/2 day of credit for each day served in the case of individuals seeking an original appointment as a health professions officer.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty 2 months prior to attending the HSPS. In accordance with DODI 6000.13, he is entitled to be awarded 1/2 day of credit for each day served on active duty. Therefore, he is entitled to award of 1 month of CSC.
2. His date of rank was corrected by Officer Promotions Branch to his Oath of Office date, 1 May 2007 and he is authorized award of 1 month of CSC. Therefore, his date of rank to captain should adjusted from 11 May 2007 to
11 April 2007.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by granting him an additional month of CSC and amending his date of rank to captain to 11 April 2007.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100013333
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ABCMR Record of Proceedings (cont) AR20100013333
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